Rajlal Kamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 69249 of 2019 Arising Out of PS. Case No.-23 Year-2017 Thana- NADI District- Supaul ====================================================== RAJLAL KAMAT, aged about 47 years, male, Son of Shri Niranjan Kamat, Resident of Village-Panchgachhiya, P.S.-Supaul Nadi, District-Supaul. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Amrit Abhijat For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 20-11-2019 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner apprehends arrest in a case registered under Sections 306, 201/34 of Indian Penal Code.

Petitioner is father of the victim. The prosecution case is at the instance of the Village Chaukidar alleging that since the victim was desirous of marrying with one Ankush Kumar and both families were not permitting such alliance, she has committed suicide. Learned counsel for the petitioner submits that petitioner is the father of the victim girl and the allegations are false and baseless at the instance of some villagers. He, thus, submits that the first information report has been lodged three days after death of his daughter. The

Patna High Court CR. MISC. No.69249 of 2019(2) dt.20-11-2019 2/3 cremation was done in the village and the story of love affair is false and concocted. The victim was a minor and, as such, there was no question of any marriage being desired by the said girl. Petitioner has no criminal antecedent.

The learned APP for the State has opposed the prayer. It is submitted that no evidence has been collected in the course of investigation to suggest that the victim was suffering from any ailment. The unnatural death is on account of resistance being done by the family members.

Considering the rival submissions, this Court is inclined to allow prayer for anticipatory bail of the petitioner. Let the petitioner above named, in the event of his arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Supaul in Supaul Nadi Police Station Case No 23 of 2017 subject to the conditions as laid down in Section 438 (2) of Criminal Procedure Code and also the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also

Patna High Court CR. MISC. No.69249 of 2019(2) dt.20-11-2019 3/3 undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U